Reconsidering criminalisation of prostitution: a comparative critical study of the models in vogue in India, Sweden and the Netherlands

Tandon, Bhavya and Nayak, Pratiti (2024) Reconsidering criminalisation of prostitution: a comparative critical study of the models in vogue in India, Sweden and the Netherlands. International Journal of Public Law and Policy. ISSN 2044-7671 | 2044-7663 (In Press)

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Abstract

The criminalisation of sex work have been contentious issues in criminal law. The Criminal justice system, historically opposed to prostitution, has employed policing and regulations, suppressing the profession. In India, the intend behind prostitution law is gradual criminalisation, associating it with higher crime rates and poverty. The sex workers faces exploitation from multiple stakeholders, encompassing physical, sexual, and psychological violence, leading marginalisation and discrimination. Some European nations, opting for legalisation, aim at harm reduction and enhanced protections for sex workers. Through a comparative analysis of prostitution laws in India, the Netherlands and Sweden, this paper studies the criminalisation model through the lens of public morality, public health, and other societal interests. It questions the limits of criminal law in balancing harm reduction and worker exploitation. Proposing alternative likes legalisation and partial criminalisation, the paper advocates for the most effective approach- decriminalisation- to protect public interest, uphold right and eliminate stigma within this complex social issue

Item Type: Article
Keywords: Prostitution | Harm | Criminalisation | Human rights | Trafficking laws | India | Sweden | The Netherlands
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Social Sciences and humanities > Social Sciences > Sociology
JGU School/Centre: Jindal Institute of Behavioural Sciences
Depositing User: Subhajit Bhattacharjee
Date Deposited: 24 Mar 2024 10:20
Last Modified: 24 Mar 2024 10:23
Official URL: https://doi.org/10.1504/IJPLAP.2024.10062866
URI: https://pure.jgu.edu.in/id/eprint/7508

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